of the Con. to form part Consolidated Revenue Fund of Canada, and shall be accounted for and otherwise dealt with accordingly. 31 V., c. 1, s. 7, part. Rev. Fund. Limitation of actions. 5. No action, suit or information shall be brought or laid for any penalty or forfeiture under any Act except within two years after the cause of action arises or after the offence is committed, unless the time is otherwise limited by such Act. C. S. U. C., c. 78, s. 7, part;-C. S. L. C., c. 108, s. 1, part, and s. 2;-29 V. (N.S.), c. 12, s. 15, part ;-1 R. S. N. B., c. 140, s. 2. OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most 1 Excellent Majesty. CHAPTER 181. An Act respecting Punishments, Pardons and the Com- A. D. 1886. mutation of Sentences. HE ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: PUNISHMENTS. tion only. 1. Whenever a person doing a certain act is declared to be Punishment guilty of any offence, and to be liable to punishment therefor, after convieit shall be understood that such person shall only be deemed guilty of such offence and liable to such punishment after being duly convicted of such act. 32-33 V., c. 29, s. 1, part. in the dis 2. Whenever it is provided that the offender shall be liable Degree of to different degrees or kinds of punishment, the punishment to punishment be inflicted shall, subject to the limitations contained in the cretion of the enactment, be in the discretion of the court or tribunal before court. which the conviction takes place. 32-33 V., c. 29, s. 1, part. under two or 3. Whenever any offender is punishable under two or more If offender is Acts or two or more sections of the same Act, he may be tried punishable and punished under any of such Acts or sections; but no more Acts, person shall be twice punished for the same offence. 32-33 &c. V., c. 20, ss. 40, part, and 41, part, and c. 21, s. 90, part ;—36 V., c. 55, s. 33 ;-40 V., c. 35, s. 6. CAPITAL PUNISHMENT. confession. 4. Every one who is indicted as principal or accessory for Conviction by any offence made capital by any statute, shall be liable to the verdict or on same punishment, whether he is convicted by verdict or on confession. 32-33 V., c. 29, s. 82. conviction for 5. In all cases of treason, the sentence or judgment to be Sentence on pronounced against any person convicted and adjudged guilty treason. thereof shall be, that he be hanged by the neck until he is [54 G. III, c. dead. 31 V., c. 69, s. 4. 146, s. 1.] conviction for 6. Upon every conviction for murder, the court shall pro- Sentence on nounce sentence of death, and the same may be carried into murder. [24-25 V., c. execution, and all other proceedings upon such sentence and 100, s. 2.] in respect thereof may be had and taken in the same manner, and the court before which the conviction takes place shall have the same powers in all respects, as after a conviction for any other felony for which a prisoner may be sentenced to suffer death as a felon. 32-33 V., c. 20, s. 2. Court to direct execution of sentence of death. Report to be made by the judge. Reprieve in certain cases. Treatment of persons condemned to death. 7. Whenever any offender has been convicted before any court of criminal jurisdiction, of an offence for which such offender is liable to and receives sentence of death, the court shall order and direct execution to be done on the offender in the manner provided by law. 82-33 V., c. 29, s. 106. 8. In the case of any prisoner sentenced to the punishment. of death, the judge before whom such prisoner has been convicted shall forthwith make a report of the case to the Secretary of State, for the information of the Governor General; and the day to be appointed for carrying the sentence into execution shall be such as, in the opinion of the judge, will allow sufficient time for the signification of the Governor's pleasure before such day, and if the judge thinks such prisoner ought to be recommended for the exercise of the Royal mercy, or if, from the non-decision of any point of law reserved in the case, or from any other. cause, it becomes necessary to delay the execution, he, or any other judge of the same court, or who might have held or sat in such court, may, from time to time, either in term or in vacation, reprieve such offender for such period or periods beyond the time fixed for the execution of the sentence as are necessary for the consideration of the case by the Crown. 32-33 V., c. 29, s. 107;-36 V., c. 3, s. 1. 9. Every one who is sentenced to suffer death shall, after judgment, be confined in some safe place within the prison, apart from all other prisoners; and no person except the gaoler and his servants, the medical officer or surgeon of the prison, a chaplain or a minister of religion, shall have access to any 127, Sch. 61.] such convict, without the permission, in writing, of the court or judge before whom such convict has been tried, or of the sheriff. 32-33 V., c. 29, s. 108. [25 G. II, c. 37, s. 6; 28-29 V., c. Judgment to Sheriff, &c., to be present. [31 V., c. 24, s. 3.] 10. Judgment of death to be executed on any prisoner shall be carried into effect within the walls of the prison in which the offender is confined at the time of execution. 32-33 V., c. 29, s. 109. 11. The sheriff charged with the execution, and the gaoler and medical officer or surgeon of the prison, and such other officers of the prison and such persons as the sheriff requires, shall be present at the execution. 32-33 V., c. 29, s. 110. may be pre 12. Any justice of the peace for the district, county or Justices of the place to which the prison belongs, and such relatives of the peace, &c., prisoner or other persons as it seems to the sheriff proper to sent. admit within the prison for the purpose, and any minister [31 V., c. 24, of religion who desires to attend, may also be present at the execution. 32-33 V., c. 29, s. 111. s. 3.] [31 V., c. 24, 13. As soon as may be after judgment of death has been Surgeon to executed on the offender, the medical officer or surgeon of certify death. the prison shall examine the body of the offender, and shall ascertain the fact of death, and shall sign a certificate thereof, and deliver the same to the sheriff. 32-33 V., c. 29, s. 112. s. 4.] 14. The sheriff and the gaoler of the prison, and such jus- Declaration tices and other persons present, if any, as the sheriff requires by sheriff, &c. to be signed or allows, shall also sign a declaration to the effect that judg- [31 V., c. 24, ment of death has been executed on the offender. 32-33 V., . 4.] c. 29, s. 113. act. 15. The duties imposed upon the sheriff, gaoler, medical Deputies may officer or surgeon by the four sections next preceding, may (31 V., c. 24, and shall, in his absence, be performed by his lawful deputy s. 11. or assistant, or other officer or person ordinarily acting for him, or conjointly with him, in the performance of his duties. 32-33 V., c 29, s. 114. inquest on 16. A coroner of the district, county or place to which the Coroner's prison belongs, wherein judgment of death is executed on the body. any offender, shall, within twenty-four hours after the ex- [31 V., c. 24, ecution, hold an inquest on the body of the offender; and the . 5.] jury at the inquest shall inquire into and ascertain the identity of the body, and whether judgment of death was duly executed on the offender; and the inquisition shall be in duplicate, and one of the originals shall be delivered to the sheriff. 32-33 V., c. 29. s. 115. 17. No officer of the prison or prisoner shall, in any case, be a juror on the inquest. s. 116. confined therein Officers and 32-33 V., c. 29, prisoners not to be jurors. Burial of s. 6.] 18. The body of every offender executed shall be buried within the walls of the prison within which judgment of death is executed on him, unless the Lieutenant Governor in (31 V.. c. 24, Council, being satisfied that there is not, within the walls of any prison, sufficient space for the convenient burial of offenders executed therein, permits some other place to be used for the purpose. 32-33 V., c. 29, s. 117. signing false 19. Every one who knowingly and wilfully signs any false Penalty for certificate or declaration required with respect to any execution, certificate. is guilty of a misdemeanour, and liable to imprisonment for any [31 V., c. 24, term less than two years. 32-33 V., c. 29, s. 120. 8. 9.] Certificate, to Secretary of State, and exhibited at entrance to prison. 20. Every certificate and declaration, and a duplicate of &c., to be sent the inquest required by this Act, shall, in every case, be sent with all convenient speed by the sheriff to the Secretary of State, or to such other officer as is, from time to time, appointed for the purpose by the Governor in Council; and printed [31 V., c. 24, copies of such several instruments shall, as soon as possible, be exhibited, and shall, for twenty-four hours at least, be kept exhibited on or near the principal entrance of the prison within which judgment of death is executed. 32-33 V., c. 29, s. 121. s. 10.] As to other matters. 21. The omission to comply with any provision of the preceding sections of this Act shall not make the execution of judgment of death illegal in any case in which such execution would otherwise have been legal. 32-33 V., c. 29, s. 123. 22. Except in so far as is hereby otherwise provided, [31 V., c. 24, judgment of death shall be carried into effect in the same manner as if this Act had not been passed. 32-33 V., c. 29, s. 124. 8. 16.] IMPRISONMENT. Offence not punishable with death. 23. Every one who is convicted of any offence not punishable with death shall be punished in the manner, if any, 7-8 G. IV, c. prescribed by the statute especially relating to such offence. 32-33 V., c. 29, s. 88, part. 28, s. 8.] Felony when there is no special punishment. And misde meanour on indictment. And on sum mary convie tion. 24. Every person convicted of any felony for which no punishment is specially provided, shall be liable to imprisonment for life: 2. Every one who is convicted on indictment of any misdemeanour for which no punishment is specially provided, shall be liable to five years' imprisonment: 3. Every one who is summarily convicted of any offence for which no punishment is specially provided, shall be liable [7-8 G. IV, c. to a penalty not exceeding twenty dollars, or to imprisonment, with or without hard labour, for a term not exceeding three months, or to both. 32-33 V., c. 29, s. 88, part. 28, s. 8.] Second conviction for felony. 25. Every one who is convicted of felony, not punishable with death, committed after a previous conviction for felony, [7-8 G. IV, c. is liable to imprisonment for life, unless some other punishment is directed by any statute for the particular offence,-in which case the offender shall be liable to the punishment thereby awarded, and not to any other. 32-33 V., c. 29, s. 83. 28, s. 11.] Term of im prisonment in the discretion 26. Every one who is liable to imprisonment for life, or for any term of years, or other term, may be sentenced to imof the court. prisonment for any shorter term: Provided, that no one shall be sentenced to any shorter term of imprisonment than the [9-10 V., c. 24, s. 1.] |